“Human Rights are not a privilege conferred by government. They are every human being’s entitlement by virtue of his humanity.” - Mother Teresa
The protection and promotion of human rights are inextricably linked with the functioning of the criminal justice system. A fair, effective, and accountable criminal justice system is essential for upholding human dignity, preventing abuse of power, and ensuring that individuals are treated justly and without discrimination. Human rights principles, enshrined in international law, provide a framework for evaluating the performance of criminal justice systems and identifying areas for reform. By examining the intersection of human rights and the criminal justice system, we can better understand the critical role that this system plays in safeguarding fundamental freedoms, promoting social justice, and maintaining the rule of law.
Criminal Justice Administration
According to Hobbes, man is selfish by nature and can go to any extent for pleasure. As said by Bentham, a person avoids pain and demands to seek pleasure. He is usually moved by his instincts and, in earlier times, there were no regulations and limits to control his conduct. With the increasing population and communities, Individual interests collided with each other and led to a situation of conflict. Thus, in order to regulate the conduct of a people, a system was needed that could monitor his actions. The development of the criminal justice system was need of the hour.
The Criminal Justice Administration refers to the structure, function and decision of process of formal agencies that deal with crime prevention, investigation, prosecution, punishment and correction. It is an instrument of social control. It is the administration which has the main function to achieve justice in criminal matters. The main purpose of criminal justice administration is to prevent and control the criminal acts in the society by punishing wrongdoers. It prevents and controls the crime and maintains the public order and peace. Besides this, the purpose of criminal justice administration is also to provide the protection of the rights of victims, punishment, rehabilitation and protection of life and property against crime and criminals.
Further, it delivers an efficient, effective, accountable and fair justice process for all by convicting and punishing the guilty helping them to stop offending and protecting the innocent as well. It also ensures the legal control of the administrative power and provides protection to the individual against the abuse of such power.
Human Rights: Meaning and Concepts
We know that “Human rights do not accrue to the state but to individuals and peoples.” They are commonly said to be inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being. In other words, it can be said that Human Rights are those minimal rights, which every independent person must have as the citizen of India, irrespective of any other consideration of caste, creed, gender, religion, etc. These rights are naturally inherent and inalienable. Human Rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education and many more. Everyone is entitled to get these rights without any kind of discrimination However, in every walk of life, Human rights are violated not by other fellow individuals but also by the social institutions established with the sole purpose of safeguarding the rights of all. The denial of human rights and fundamental freedom is not only an individual and personal tragedy. It also creates situations of chaos in society. The extent to which human rights are appreciated and protected within the backdrop of its criminal proceedings is an important measure of society’s civilization. We can find a declaration on human rights at the international level named ‘Universal Declaration of Human Rights (hereinafter UDHR)’ which is a milestone document in the history of human rights. There have been many conventions and declarations such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, etc., which have been conducted worldwide. Several countries have participated and signed consent to be its part. These conventions and declarations are aimed at the recognition of these rights in order to appreciate and protect them. The declaration was proclaimed by the United Nations General Assembly in Paris on 10th December 1948. As per UDHR 1948, “All human beings are born free and equal in dignity and rights”. In this declaration, we can find many human rights which are recognised as fundamental rights under the constitution of India. Such as equality before law, freedom of speech and expression, freedom of movement, protection of life and personal liberty etc.
Evolution of Human Rights in India
Aristotle had said centuries ago that man is a social animal. From birth till childhood; from childhood till maturity; from maturity till adulthood; from adulthood till old-age; from old-age to death, every human exercises some basic rights to live with dignity. Human beings are rational beings. By virtue of their humanity, they are entitled to some rights that are necessary for their peaceful survival. To avoid conflicts in the social environment, one needs to respect the life of others. To fulfil this objective, every human is conferred with rights. These rights, in a layman language, are known as Human Rights. The history and development of human rights in India can be divided into three stages: Ancient, Medieval, and Modern.
In Ancient India:
Law was based on the principle of Dharma. The Epics Ramayana and Mahabharata make us learn that Dharma was ordained for the advancement of all creatures as well as restraining creatures from injuring one another. The righteousness has been describing Universal Declaration of Human Rights, 1948, International Covenant on Economic, Social and Cultural Rights, 1976, the International Covenant on Civil and Political Rights, 1976, etc as the essence of Dharma in The Bhagwad Geeta. The Upanishads speak of Dharma as the foundation of whole universe. The Vedas and Smritis talk about the concept of Vasudhaiv Kutumbakam (the whole world as one family). All the four Vedas insist on equality and dignity for humans. Even the Lord Buddha worked effectively for the protection of human rights. The great King Ashoka had worked for establishing a welfare state for his subjects and provided them with basic freedoms and rights.
The Medieval Period:
Signifies the Muslim era in India. The pre-Mughal period it's saw the existence of social, political, cultural, and religious rights. But with the advent of the Mughals, the concept of human rights got lost in the dark. But Akbar's period (1526-1605) showed that the great regard was given to the social, religious and political rights.
In the Modern period:
The British rule in India can be seen. During this period, the British Government of India had not only deprived the Indian people of their freedom but had based itself on the exploitation of the masses, and ruined India economically, politically, culturally and spiritually. After witnessing such colonial rule, every Indian realized that the recognition, protection and implementation of human rights are not only basic but also inalienable for them for leading a civilized life.
After Independence, in Indian Constitution, The Preamble, Fundamental Rights, Directive Principles of State Policy, newly added Fundamental Duties, reservation for scheduled castes and tribes, special provisions for Anglo- Indians and other backward classes are important constitutional provisions from the human rights point of view. Indian Constitution also reveals that the Constitution enshrines almost all the human rights provided in the various International Conventions, Covenants and Treaties.
How International Law Protects Human Rights?
The movement for the protection of human rights gained momentum after the World War II. The experience of the war resulted in the widespread conviction that effective international protection of human rights was an essential condition of international peace and progress. Then we got an international document on Human Rights i.e., Universal Declaration of Human Rights. The core principles of human rights first set out in the UDHR, such as universality, interdependence and indivisibility, equality and non-discrimination, and that human rights simultaneously entail both rights and obligations from duty bearers and rights owners, have been reiterated in numerous international human rights conventions, declarations, and resolutions.
International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.
Resort to international techniques in the promotion of human rights is justified because of the following reasons:
- International efforts are essential to the search for world peace which in turn has an intrinsic link with the protection of human rights.
- In today's world which is interdependent, successful efforts to promote human rights, particularly in the area of economic and social rights may require physical resources, technology, and expertise beyond a society's internal capabilities and, therefore, in such cases only international assistance can permit real progress. And
- To the extent that many human rights denials result from the action or inaction of governments themselves, internal pressures for reform having proved ineffective and, therefore, the only hope for change in such circumstances may lie in international persuasion or pressure.
Now, it is universally agreed that human rights are proper subjects of international concern. It has been affirmatively assumed by the UN Charter, international conventions, declarations and more than three decades of international practice.
Role of Criminal Justice System in Effectuating Human Rights
Criminal Justice System of any country is the basis of establishing peace and tranquility. It includes not only the judicial system but the investigating machinery as well. Criminal Justice is one of the critical areas of human rights where the legal system is tested on a continuous basis for preservation of peace and security in society on the one hand, and prevention of human dignity of both victims of crime and person accused of it, on the other. Rule of law is the bedrock of democracy, which is acknowledged as the best system of governance to ensure respect for human rights.
The protection of human rights through the criminal justice delivery system is an indispensable feature of any system governed by the rule of law. Criminal law has always been a great source for the enlargement of human rights. In other words, many of our existing fundamental and inalienable rights would have their origins in situations and cases relating to criminal jurisprudence. Basic human rights, such as the presumption of innocence, the right to silence of the accused and the burden of proof of the prosecution are also the pillars on which a just criminal justice system stands. To this end, Lord Steyn Said-
“The basic premise is that in a democratic society government exists in order to protect and promote the interests of the people. To achieve this goal, the actions of government and its agencies must be constrained by law and citizens must be given enforceable and effective legal rights against the state. In the context of human rights this is the core meaning of the rule of law. In countries where this premise is accepted, human rights law has scope for developing. In countries where this premise is not accepted, human rights law must struggle on infertile ground.”
The Criminal Justice System consisting of Police, Legislature, Judiciary, and Correctional Institutions plays a major role in effectuating human rights and thereby, protect and safeguard the human rights of the citizens of a country. Now, we will see how these organs of criminal justice system helps in effectuating, promoting, protecting and providing human rights to every human being.
(a) Police
Policing in a democratic society is seen as upholding the dignity of the individual by safeguarding the constitutional and legal rights. It helps in effectuating human rights at the ground level as it can reach each and every individual in villages specifically. However, democracy gets threatened when the police cease to respect the legal and constitutional rights of the citizens and persistently disregard the due process of law. Allegations of the police violence and brutality are being constantly received from different parts of the country. It is a known fact that a common complainant of crime is rudely received in the police stations and is treated with discourtesy, indifference, and indignity. The victims of police perversions are almost always the disadvantaged sections of society who are incapable of legitimate self-defence. In the garb of combating criminality, the police take the law into their hands and trample upon the basic human rights of the crime-suspects. The abominable records of police deviance are reflected in the encounter deaths and the rapes and deaths in the police custody. These no doubt, are the cruellest forms of human rights violations.
(b) Legislature
The legislature also helps in effectuating human rights and it can help in protecting human right of individual at a big level as it made laws for the whole country equally applicable. For example, we know that The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. It was the legislature which has inserted a new Article 21-A in the constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. So, we can see the legislature had helped in effectuating this human right and given this right to education to everyone.
(c) Judiciary
Of the three organs of Government, the judiciary has become a vanguard of human rights in India. It performs this function mainly by innovative interpretation and application of the human rights provisions of the Constitution. Although the importance of human rights is universally accepted and highly recognised, implementation levels vary from jurisdiction to jurisdiction. In India, in spite of vast expansions across the spectrum of human rights, implementation has not been that satisfactory. Recently, the International Commission of Jurists, Geneva had warned that in India these very human rights stand threatened. In addition, global human rights abuse watchers argue that if such fundamental principles of a fair trial are disregarded by the various agencies of the state.
Landmark Judgement
In “Rudal Shah v. State of Bihar”where the Supreme Court ruled that the victims of unlawful or illegal arrest were entitled to compensation for violation of their fundamental rights under Part III of the Indian Constitution. It must be borne in mind that ensuring human rights within the framework of the criminal justice delivery system cannot be narrowly construed to mean merely the protection of the rights of the under-trials, or detainees, or convicts.
The Supreme Court of India has recognized the Fundamental Rights as Natural Rights in “Moti Lal v. State of UP. In fact, it can rightly be contended that the most essential of all human rights in a criminal justice delivery system, is the right of access to courts of law. So, in the criminal justice system, the judiciary is a very helpful organ in providing human beings with their basic human rights. For example, article 21 of the constitution has spread out a lot of human rights in the criminal justice system. We can find that the right to life, right to information, right against discrimination, right to education, the right to equality and equal status etc. have been afforded to men and woman equally. For example, it has been held that these are fundamental rights under article 21 although not specifically mentioned.
In “Maneka Gandhi v. Union of India” the Supreme Court gave a new dimension to Article 21. The Court held that the right to live is not merely a physical right, but includes within its ambit the right to live with human dignity. This case was a landmark decision of the Supreme Court of India in which the Court significantly expanded the interpretation of Article 21 of the Constitution of India.
Lalita Kumari v. Government Of Uttar Pradesh & Ors
In this case, which was related to the duty of the police to mandatorily register an FIR for the commission of a cognizable offence when came to the final judgment, the court said that the registration of FIR is mandatory under section 173 of Bharatiya Nagarik Suraksha Sanhita 2023, and if the offence is cognizable no preliminary inquiry is permissible in such situation as the scope of preliminary inquiry is not to cross-check the veracity of the information received but only to make sure whether the information reveals any cognizable offence. Also, an important stance taken by the Court was that while ensuring the rights of the accused and the complainant, any inquiry which is done firsthand must be time-bound that should be completed within 7 days.
Vishaka v. State of Rajasthan, AIR 1997 SC 3011
In this case, the Supreme Court witnessed a PIL against the state of Rajasthan and the Union of India filed by Vishaka and a few other women. In this case, a social worker named Bhanwri Devi was brutally gang-raped while she was doing a noble cause of barring child marriage. However, due to insufficient evidence, the case was dismissed. This case spread like fire among all the women workers and sexual harassment in the workplace which is violative of Fundamental Rights under Articles 14, 15, and 21 was questioned. The court held that clearly there has been a violation of Articles 14, 15, and 19 (1) of the constitution and also violations of all the international conventions that India was a part of. Through this case, Vishaka guidelines were issued and the judgment also provided some basic definitions like that of ‘sexual harassment at the workplace along with that, guidelines for protection were provided as well.
CONCLUSION
Human rights are those basic rights which every individual possesses by his birth as a human being. These rights should be promoted internationally, nationally as well as at ground level so that no one is deprived of these human rights. There are many organs besides the legislature and judiciary like the National Human Rights Commission and other NGOs that help in effectuating, promoting, and protecting human rights. Even then, there are challenges before India is to develop human rights in its domestic criminal administration by upgrading its law-enforcement machinery, and on the other hand not to be swayed away at the cost of social development and nation's unity. A reconciliation lies in improving the domestic culture of human rights which in turn will replenish our image in the international platform also. However, sometimes the governmental organs use their power in an arbitrary sense which leads to the violation of human rights.
A country’s regulation of human rights can be analysed by its criminal justice system. The mere existence of a criminal justice system is not enough. It is the need of the hour that there should be a proper mechanism which would encourage and protect the human rights of all including the criminals. Even though the criminals are kept away from society for them to rehabilitate and become a better fit for the society but their rights in no way can be taken away. The entire existence of an orderly society depends upon the sound and efficient functioning of the Criminal Justice System. The law of the land has to be in tune with the demands of the changing times and the nature of complexities in offences. There is a very famous shloka in the Hindu mythology that goes:
Sarve Bhavantu Sukhina, Sarve Santu Niramayah, Sarve Bhadrani Pasyantu, Ma Kaschiddhu Khabhagabhaveta
It means that may all sentient beings be at peace, may no one suffer from illness, may all see what is auspicious, may no one suffer. May we get peace, peace, and peace.
Although law has no religion except meeting the ends of justice, we can relate that Human Rights are based on the principle of well-being of all, whether by granting justice to one or by reasonably restricting another.